Resource Management and Planning Appeal Tribunal Amendment Act 1998

Resource Management and Planning Appeal Tribunal Amendment Act 1998

An Act to amend the Resource Management and Planning Appeal Tribunal Act 1993

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Resource Management and Planning Appeal Tribunal Amendment Act 1998 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Resource Management and Planning Appeal Tribunal Act 1993 is referred to as the Principal Act.

4.    Section 13 amended (Institution of appeals to the Appeal Tribunal)

Section 13 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(2A)  The Appeal Tribunal, when considering whether to extend the time for instituting an appeal under section 61 of the Land Use Planning and Approvals Act 1993 , must take into account –

(a) the reason why the appeal was not lodged within the period specified in subsection (1) ; and

(b) the time which has elapsed since the end of the period specified in subsection (1) and whether it would be reasonable to expect that the application to extend the appeal could have been lodged before the date on which it was lodged; and

(c) the extent and cost of any work which has been undertaken in accordance with a permit, referred to in the Land Use Planning and Approvals Act 1993 , after the expiry of the period specified in subsection (1) ; and

(d) any other matter that it considers appropriate.

5.    Section 14 amended (Parties to appeal before Appeal Tribunal)

Section 14 of the Principal Act is amended as follows:

(a) by inserting in subsection (2) ", subject to subsections (3) and (4) ," after "against may";

(b) by inserting the following subsections after subsection (2) :

(3)  The Appeal Tribunal may not, under subsection (2) , make a person a party to an appeal against a decision –

(a) in respect of the granting of a permit under section 57 of the Land Use Planning and Approvals Act 1993 unless –

(i) the person made a representation under section 57(5) of that Act in respect of the application for the permit; or

(ii) the Tribunal considers that the person has a proper interest in the subject matter of the appeal and that it is not reasonable to expect the person to have made a representation in respect of the application for the permit; or

(b) in respect of the granting of a permit under section 58 of the Land Use Planning and Approvals Act 1993 unless the Tribunal considers that the person has a proper interest in the subject matter of the appeal.

(4)  The Appeal Tribunal may not, under subsection (2) , make a person a party to an appeal against a decision to issue an environment protection notice under section 27(6) of the Environmental Management and Pollution Control Act 1994 in respect of an activity unless –

(a) the person made a representation in respect of the activity during the assessment by the Board of Environmental Management and Pollution Control of the activity; or

(b) the Tribunal considers that the person has a proper interest in the subject matter of the appeal and that it is not reasonable to expect the person to have made a representation in respect of the activity.

(5)  If a person referred to in subsections (3) and (4) has been made a party to an appeal, the person is not entitled to present arguments at the hearing of the appeal in respect of any matters that are not related to the conditions or restrictions –

(a) which are specified in a permit referred to in subsection (3) or an environment protection notice referred to in subsection (4) ; and

(b) which have been appealed against by a person who lodged an appeal under section 61 of the Land Use Planning and Approvals Act 1993 .

6.    Section 16A inserted

After section 16 of the Principal Act , the following section is inserted in Part 5:

16A.   Mediation

(1)  Before hearing an appeal, the Appeal Tribunal –

(a) must consider whether the appeal could be settled expeditiously by the use of mediation; and

(b) may, on its own motion or on the motion of a party to the appeal, direct the parties to the appeal to mediation using the services of a mediator approved by the Appeal Tribunal.

(2)  The Appeal Tribunal may stay the proceedings on an appeal until any mediation directed by it has been completed.

7.    Section 28 amended (Costs)

Section 28 of the Principal Act is amended as follows:

(a) by omitting from subsection (3) "A direction" and substituting "An order or a direction";

(b) by inserting in subsection (3) "order or" after "under the";

(c) by omitting from subsection (4) "a direction" and substituting "an order or a direction";

(d) by inserting in subsection (4) "order or" after "if the";

(e) by inserting in subsection (4) "order or" after "which the".

[Second reading presentation speech made in:

House of Assembly on 1 APRIL 1998

Legislative Council on 22 APRIL 1998]